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Attorneys for Children Injured on Property and Business in Chicago, IL

Property Injuries with ChildrenChildren are owed a special duty under Illinois premises liability laws. The “Attractive Nuisance” doctrine defines and assesses landowner's responsibility.

This legal doctrine maintains that a landowner will be liable for the injuries of a child when the youngster is lured onto the landowner’s property and injured by an artificial condition on that property. A child injured on another’s premise may be entitled to significant damages for their injuries.

Landowners need to be mindful of broken playgrounds, fences in disrepair, dangerous construction zones and other areas that can serve as “attractive nuisances” and lure children onto the property.

Children, by nature, are profoundly curious and often don’t comprehend the dangers of playing in an area marked off for construction or a playground with broken playground equipment. Even a child injured at friend’s home may be able to recover damages under this legal doctrine. It is up to a landowner to anticipate the possibility that children may trespass onto their property and make necessary repairs as a result.

If your child has been injured by an “attractive nuisance” on the property of another, you can set up a free initial consultation with our Illinois premises liability lawyers today. Our lawyers are happy to meet with you and discuss whether you may have a valid legal claim on behalf of your child.

No one, especially a child, should have to suffer injuries due to an attractive nuisance that was not adequately maintained by a landowner.

In-Depth Look at the Attractive Nuisance Doctrine

The “attractive nuisance” doctrine imposes a duty on landowners to assess the risk that certain property conditions pose to children. By law, a landowner must evaluate the foreseeability of risk to children on the premises and weigh that against the expense of repairing the dangerous conditions.

In the case of Mt. Zion State Bank & Trust v. Consol. Commc’ns, Inc., 169 Ill.2d 110, (1995), the court held that the attractive nuisance doctrine still played a significant role under Illinois law to determine a landowner’s duty of care.

However, under the attractive nuisance doctrine, the duty owed by landowners does have certain limitations. A property owner need not take precautions to repair property when the risk of danger is obvious to the child.

The law assumes that there are specific risks a child is expected to appreciate and avoid. These risks include steep falls, fire, thin ice, climbing a tree and diving into water with fluctuating water levels.

In some cases, it may not be clear whether a risk would be obvious to a child. It may also not be clear whether a landowner could foresee that a child would come onto the premises and could be harmed by the condition. These problematic cases require legal expertise and a lawyer’s analysis of the facts of the case. 

A lawyer must analyze the case and then persuade a judge or jury as to the factors that may sway them to be in favor of the child as opposed to the landowner.

There could be additional factors involved if a child is under the age of six that could be considered in finding that the youngster was unable to appreciate the risk posed by an artificial condition.

Assessing Damages in Attractive Nuisance Cases

Another challenging aspect of handling attractive nuisance cases is determining monetary damages awarded to provide for the child's future needs. The injured youngster likely suffers massive medical expenses after they are injured by an artificial condition, such as electric shock, fracture or another injury. 

However, a child may be entitled to receive damages that exceed medical expenses. Often, children have recurring nightmares and suffer from psychological trauma after suffering injuries caused by an attractive nuisance. If this is the case, the child may be able to recover additional damages for pain and suffering. 

Here are the damages that may be available in attractive nuisance cases when a child is injured:

  • Medical expenses
  • Pain and suffering
  • Disability
  • Loss of consortium

Experts may be required to testify to win an attractive nuisance case. An attorney may need to locate a child psychologist who can attest to the extent of a child’s trauma.

Contact an Illinois Lawyer Specializing in Attractive Nuisance Cases Today

Please don’t hesitate to get in touch with one of our Illinois premises liability attorneys at Rosenfeld Injury Lawyers LLC if your child was injured on another’s property.

Even if you have a child injured at friend’s home, you may still be able to recover damages– without any financial burden to your friend. It is crucial to file these types of cases promptly in case the claim cannot be settled outside of court. Call our lawyers today to learn more about whether you and your child have a valid legal claim.


Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa